- (1.) Ghansham @ Neelu, the petitioner, has filed the present revision petition against the judgment dated 17.8.2015 passed by learned Additional Sessions Judge, Fazilka, whereby his appeal filed against the judgment of conviction and order of sentence dated 10.12.2014 passed by learned Chief Judicial Magistrate, Fazilka, was dismissed. Vide judgment dated 10.12.2014, learned Magistrate held the petitioner guilty for committing offence under Section 394 read with Section 34 IPC as well as Section 25 of the Arms Act, 1959 and vide separate order of even date, sentenced him as under: JUDGEMENT_584_LAWS(P&H)5_2016_1.html
(2.) Briefly stated, case of the prosecution is that on 03.03.2013 an MLR No. BJS-42/13 of Raj Kumar son of Harbhagwan Dass, Caste Mahajan, resident of Radha Swami Colony Fazilka was received in the Police Station. In the said medico-legal report, 7 injuries were mentioned. Injuries No.1 and 7 were described as sharp, whereas injuries No.2 to 6 were described as blunt in nature. On receipt of said MLR, ASI Janak Raj along with other police officials reached at Civil Hospital, Fazilka and recorded the statement of Gurmeet Singh, who was the eye witness of the occurrence. As per his statement, he was working as a driver on the Bolero vehicle No.PB-20E- 0085 of M/s Shiv Lal and Company Wine Contractor Fazilka. He further stated that they were collecting the cash from the different contractors of Fazilka Circle at the main Bazar Theka. The cashier of the company, namely, Raj Kumar @ Raju son of Harbhagwan collected the cash. Complainant and Raj Kumar after collecting the cash from the contractors of the city daily used to drop him along-with the cash in his house. On 3.3.2013, complainant Gurmeet Singh along-with Raj Kumar collected the cash of Rs.6,00,000/- upto 09:30 PM and put the same in a black bag. He also dropped Raj Kumar near his house on the edge of the street. When Raj Kumar reached near the curve of the street, which was a closed street, and a light of the street was on. Suddenly Raj Kumar raised a huge cry and Raula. After leaving the vehicle, the complainant ran towards Raj Kumar and saw two young persons between the age group of 20-30 years. One of them was wearing a cap of red color on his head and having a pistol in his hand. The second person was also armed with Kapa and he was giving blow of the same on the head of Raj Kumar. The person who was armed with pistol was snatching the cash bag from him. Raj Kumar received multiple injuries and fell down.
(3.) The complainant while standing far away raised a noise and then, both the accused, who can be identified by him, after snatching the bag from Raj Kumar ran away along with their weapons. He looked after Raj Kumar and thereafter, Veena Rani and Parteek, wife and son of Raj Kumar came from their house. All of them had taken Raj Kumar to Civil Hospital, Fazilka in Bolero vehicle and got him admitted there. On the basis of said statement, FIR No.36 dated 3.3.2013 under Section 394 read with Section 34 IPC was registered against the accused. The investigation was conducted by ASI Janak Raj, who prepared the site plan on the identification of complainant Gurmeet Singh. On 04.03.2013, ASI Janak Raj along with other police officials went to Civil Hospital and recorded the statement of Raj Kumar.On the basis of statement of the said Raj Kumar, accused Shingara Singh @ Shingari son of Pritam Singh, resident of Nai Abadi, Fazilka, Ganshan @ Neelu son of Boota Sing, Anoop Singh son of Chand Singh and Kuldeep Singh son of Mann Singh were nominated. From the statement of Raj Kumar and Veena Rani, the offence under Section 25 of the Arms Act was added in the case. On 09.03.2013, accused Shingara Singh @ Shingari was raided at village Khera District Udham Singh. On 12.03.2013, the information was supplied to ASI Janak Raj by the informer that accused Ghansham @ Neelu, Anoop Singh and Kuldeep Singh were sitting in an Indigo car bearing registration No.PB-01-9448 and were planning to go some where. The police raided the place and all the three accused were apprehended. During investigation, the accused had made their disclosure statements on the basis of which they got recovered the stolen articles and the snatched cash in the presence of witnesses. The pistol of 12 bore and cartridges were also recovered and a sketch was also prepared accordingly. After completion of investigation, the police submitted report under Section 173 Cr.P.C. The copies of Challan were supplied to the accused free of costs as envisaged under Section 207 of Cr.P.C.;